Sunbeach Communications Inc. provides Internet access services under the Sunbeach name. In this document, the names
'Sunbeach Communications Inc.' and
'Sunbeach' refer to the same entity, and are interchangeable. Please read this agreement carefully before accessing the Sunbeach service. By accessing the service, you agree to be bound by the Conditions of Use below. If you do not accept these terms and conditions, you may not access or use the service.
ACCEPTABLE USE POLICIES
Our dialup service is designed for use to access information on the Internet, to send and receive email and access other services available on the Internet. Use of any dialup account to host any form of server, or to provide access for a network of systems using a router or any form of software designed to provide a gateway for a network is expressly prohibited. Any use of this nature will result in immediate discontinuation of service without any refund of fees paid.
If it is necessary to do so in order to ensure that users can access our service, we reserve the right to limit session times if required. In the event of this being required, we will notify all affected users via email, at least three days in advance of the implementation.
Use of our systems and network to "attack" other machines on the Internet is anti-social and in most cases, illegal. Activities like this are expressly prohibited. The same applies to our systems and network. This includes activities such as collecting and cracking other people's password files. If Sunbeach receives complaints about your activities from other systems, we will take appropriate measures to stop it. This will usually result in termination of the account and depending on the severity, may incur further action.
Distribution of unsolicited electronic mail sending, posting to an excessive number of news groups and/or posting of inappropriate commercially oriented advertising material (referred to as "spamming") is explicitly prohibited and will normally cause the immediate termination of your account.
You are liable for costs or damages incurred in response to inappropriate posts, including "flames" and "mailbombs".
You must not post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law.
You shall not, nor shall you permit others to abuse or fraudulently use the service.
You shall not resell the service on a commercial or any other purpose for which you shall realise profit, fee or charge. You shall not allow the username or password assigned to you to be used by third parties. System accounts cannot be transferred or used by anyone but you. No more than one login session can be used at a time.
You must not post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component.
You must not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material through this service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.
PROVISION OF SERVICE
The use of the service is at the customer's own sole risk. Sunbeach does not guarantee an uninterrupted or error free service. Sunbeach shall not be liable for any damages arising out of use of the service or inability to use the service. It is understood that the service may from time to time be affected by factors outside of Sunbeach's control, in which case Sunbeach will make all reasonable efforts to ensure prompt restoration of the service.
ABUSE OF SERVICE
Sunbeach dialup accounts are offered subject to the assumption that users will not abuse the service. Sunbeach will maintain a user to modem ratio of not higher than 12:1, and will make best efforts to ensure that the ratio is closer to 10:1 wherever possible.
Sunbeach reserves the right to refuse service to any user if management considers that the user is 'hogging' the service and negatively affecting the service's usage by other customers.
Should any user's account be terminated in this fashion at any time other than the expiry date of the account, Sunbeach will refund the unused portion of any paid subscription.
EXCLUSION OF LIABILITY
The customer hereby indemnifies Sunbeach, and shall keep Sunbeach indemnified in regards to any loss or damage action claim suit or proceeding against Sunbeach by any person or entity in respect to the use of the customer's account. Sunbeach makes no guarantee as to, nor accepts any liability whatsoever for the results obtained by the Customer in using the Service. Sunbeach makes no guarantee as to the customer's ability to access any part of the service at any time, and accepts no liability whatsoever for the customer's inability to access any part of the service at any time. Any liability accepted by Sunbeach shall be limited to the resupply of the service in the event that the service provided by Sunbeach is not available through the sole fault of Sunbeach.
PRIVACY CONSIDERATIONS
It is Sunbeach's policy not to "snoop" on people except in exceptional circumstances where permitted or required by law. Occasionally, routine system operation, diagnostic or maintenance tasks require closer examination of activity and data.
If undeliverable Internet mail is unable to be delivered or returned to the sender, it is diverted to a person who has a "postmaster" function in preference to being lost. All sites on the Internet are required to provide a "postmaster". Once your mail or data leaves Sunbeach and goes through our Internet gateways, Sunbeach has absolutely no control over what happens to it.
Sunbeach will not pass customer's personal details to any third parties unless required to do so by law.
CHANGES TO THE SERVICE
Sunbeach may make announcements from time to time regarding changes to the network, usage procedures, telephone numbers, charges, conditions of use, and so on. It is assumed that, as a customer of Sunbeach, you will review this information regularly and as such that any announced changes will be deemed to have been read and agreed to by you. If you do not agree to any modification of the service you must cease using the service immediately and advise us of your decision.
All changes excluding service price changes will be effective immediately once announced in any or all of the following ways:
- The Sunbeach Notices Web Page
- Sunbeach Main Web Site
- By personal email to all users
In the case of service price changes, Sunbeach shall provide no less than thirty- (30) days' notice of any proposed service price increases. In the case of service price decreases, such decreases will be effective immediately unless otherwise stated.
The most current version of Sunbeach's Terms and Conditions is available on the Internet at http://www.sunbeach.net.
TERMINATION OF SERVICE
Unlimited Accounts
If payment on the unlimited account is not received by the close of the business day on the day the account is due, access will continue for an additional 5 days. The 5 days is called a grace period and is available on all unlimited accounts. If payment is not received before midnight on the last day of this grace period the account will be automatically deactivated and access to the customers email will be disabled.
email will continue to go into the email mailbox for up to 90 days from the date the account is inactive, at the end of which the mailbox and its content will be deleted from the server. If payment is received within the 90-day period of inactivity the login and email access will be reactivated from the date of payment.
Reinstatement of the account will be treated in the same way as a new account for payments made beyond the 90-day period. The customer will then supply the login information (login/password and email/password) again.
Timed Accounts
If payment on the timed account is not received by the close of the business day on the day your account is due, access will be automatically deactivated and access to the customers email will be disabled.
email will continue to go into the email mailbox for up to 90 days the account is inactive, at the end of which the mailbox and its content will be deleted from the server. If payment is received within the 90-day period of inactivity the login and email access will be reactivated from the date of payment.
Reinstatement of the account will be treated in the same way as a new account for payments made beyond the 90-day period. The customer will then supply the login information (login/password and email/password) again.
CUSTOMER ACCEPTANCE OF TERMS & CONDITIONS
Use of the Sunbeach hosts and networks is subject to the acceptance of these rules and conditions. By accessing the service you agree to be bound by these Terms and Conditions. Sunbeach reserves the right to determine what is abuse of this agreement and what to do about it.
REFUSAL OF SERVICE
Sunbeach may deny access to all or part of the service without notice if you engage in any conduct or activities that Sunbeach in its sole discretion believes violates any of the Terms and Conditions in this agreement. If Sunbeach denies you access to the service because of such a violation, you shall have no right to access the Internet through Sunbeach, or to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited.
JURISDICTION
The terms and conditions contained herein are binding, and are in addition to any other terms specified in the Use of Service conditions listed on Sunbeach's web site, and shall be governed by the laws in force in Barbados. Both parties hereby submit to the exclusive jurisdiction of the Courts of Barbados.
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